There is a move in South Africa towards the mediation of family law matters. An implementation of mediation at pilot site courts is already in place. There is a hope that we can switch from an adversarial approach to a collaborative approach in family law matters. Jacqueline Ellis, as a specialist family law attorney can […]

During a divorce or other family law matter, interlocutory applications may be necessary to protect both your rights and / or that of your minor children in law. Please contact us to set up a consultation to advise you of your rights in law and the legal process applicable.

As circumstances change, it may be necessary to apply to the High Court for a variation of some or all of the clauses as set out in the Agreement of Settlement from your Final Order of Divorce. Contact us to set up a consultation to obtain our expert advice on this issue.

It has been recognised that the duration of time from the institution of a divorce action until the finalisation of a divorce whether finalisation results from an amicable resolution by the parties alternatively as determined by the court, the minor children and / or a spouse may require financial support in the interim period. Furthermore, […]

The courts in South Africa consider the best interests of the child in determining any dispute regarding the relocation of a minor child. Various case law exists which we would consider in advising you of the probabilities of your success in proceeding to court with any dispute regarding your relocation and the consequences of your […]

Section 28 of the Constitution of South Africa entitles every child to “basic nutrition, shelter, basic health care services and social services”. The duty, which this section refers to, has been determined by our courts to relate to the duty of support for a child. The child’s parents and family members have a legal obligation […]

The Children’s Act 38 of 2005 sets out the doctrines of parental responsibilities and rights (parental authority) as well as care (custody), guardianship and contact (access). We will inform you of the meaning of these doctrines and how these doctrines will apply to the specific circumstances of your case.

The Children’s Act 38 of 2005 sets out the doctrines of parental responsibilities and rights (parental authority) as well as care (custody), guardianship and contact (access). We will inform you of the meaning of these doctrines and how these doctrines will apply to the specific circumstances of your case.

There are various matrimonial regimes applicable in South African law. It is essential that you understand the variable consequences of your choice of matrimonial regime. Don’t enter into your antenuptial contract blindly. Bear in mind that “Love is blind but marriage is an eye-opener”. Start your marriage understanding your rights. Don’t keep your head in […]

Our focus is on protecting the rights of all children. We will explain to you the doctrine applied by the courts of the best interests principle in respect of all minor children. In divorces, the children often suffer as a result of the difficult emotional trauma that has affected their parents which results in the […]

In South Africa it is common for many couples today to live together without entering into a legally recognised form of marriage. Various terms are used to refer to these types of relationships: life partnerships, common law marriage, cohabitation, domestic partnership, living together, de facto marriage. This applies to both same-sex and heterosexual relationships. It […]

An antenuptial contract must be entered into prior to your marriage.